ask the vice president about, here was a headline this week how this is the unfolding which is not well for the administration. obama is to help pick the location of the trial. which can be seen as a shot against his attorney general. the tension here, rachel, the whole reason why they are enemy combatants is to say these are warriors, they are not criminals. the president says that al qaeda is trying to destroy america, that we are at war, so these are warriors. and by virtue of the fact that the administration is saying we're never going to release this guy even if he were to be acquitted, does that not make the point they should not even enter our justice system where there is due process, where there is a presumption of innocence where any prosecutor knows the consequences that the defendant walks. if they are not convicted. >> i think that even in the case of heinous crimes with nothing to do with terrorism, nothing to do with foreign nationals, there is a frustration there is a case who people we believe are guilty might get away.